ANDREA K. GILLETTE n/k/a ANDREA ECONOMUS, Appellant,
JOSEPH G. GILLETTE, Appellee.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Lisa S. Small, Judge; L.T. Case No.
L. Haines, III of Brinkley Morgan, Lake Park, for appellant.
William Klein of Law Office of Troy W. Klein, P.A., West Palm
Beach, for appellee.
Former Wife appeals the circuit court's final judgment of
dissolution of marriage. We address three of the issues
raised by the Former Wife in this opinion and affirm the
remaining issues raised on appeal without further discussion.
we hold that the court did not abuse its discretion when it
concluded the Former Husband was not voluntarily
underemployed. Second, we affirm in part and reverse in part
the court's calculation of the Former Wife's child
support obligation. Third, we reverse the court's
conclusion that the Former Husband's IRA was a
twelve years of marriage, the Former Husband filed a petition
for dissolution of marriage and sought sole parental
responsibility and to be designated the primary residential
parent of the parties' only child. After a three-day
trial, the court issued a twenty-five page Final Judgment of
Dissolution of Marriage.
court found that the Former Wife had a bachelor's degree
in communications from Loyola Marymount University in Los
Angeles, California, and the Former Husband had a
master's degree in mechanical engineering from the
University of Florida in Gainesville, Florida.
to the marriage, both parties worked outside the home. The
Former Wife quit her job in 2001, and remained unemployed
until the petition for dissolution was filed. The Former
Husband was employed as an engineer working with cellular
phone technology at a technology company, earning
approximately $90, 000 per year until 2004. The court found
that the Former Husband's "experience is with
cellular phone technology as it existed in 2004-which was
before the release of the first iPhone and the other smart
phones that are popular today."
2001, with the encouragement of the Former Wife, the Former
Husband started a cloud computing storage business, Shadow
Storage. He operated Shadow Storage simultaneously with his
employment at the technology company until 2004. The court
found that "the parties mutually decided in 2004, that
the [Former] Husband would resign from [the technology
company] where he worked with cellular phones to devote
himself full-time to working with Shadow Storage, Inc., the
family business, as well as raise the parties' son."
Since 2004, the Former Husband has worked full-time for
Former Husband testified that from the time he began working
fulltime at Shadow Storage until the filing of the petition,
the Former Wife did not ask him to give up his work at Shadow
Storage or demand that he find work outside the home.
Importantly, for purposes of this appeal, the court found
this testimony to be credible.
the Former Wife agreed to the Former Husband's working at
Shadow Storage during the marriage, her consent dissolved
with the marriage. As a result, the Former Wife argued to the
circuit court that the Former Husband is voluntarily
underemployed. Although he testified that he works between
forty and fifty hours per week at Shadow Storage, the highest
amount of gross income he made in any year from the company
was $13, 000. The Former Wife presented a vocational expert
who testified the Former Husband could be employed in various
fields and earn significantly more than he earned at Shadow